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BORROWER: SAN LUIS VALLEY WATER AGENCY NAME: COLORADO WATER <br /> CONSERVANCY DISTRICT ACTING BY AND CONSERVATION BOARD <br /> THROUGH ITS WATER ACTIVITY ENTERPRISE CONTRACT TYPE: LOAN/PUBLIC <br /> CONTRACT No: C150348 AGENCY NUMBER: PDA <br /> REQUESTED LOAN AMOUNT$830,700 CWCB CMS: 62295/CORE CT2015-166 <br /> LOAN SERVICE FEE $8,300 <br /> LOAN AMOUNT $839,000 <br /> LOAN CONTRACT <br /> (STANDARD CONTRACT—WAIVER#160—APPROVED NOVEMBER 10,2003) <br /> THIS CONTRACT, made between the State of Colorado for the use and benefit of The <br /> Department of Natural Resources, Colorado Water Conservation Board ("CWCB" or <br /> "STATE"), and SAN LUIS VALLEY WATER CONSERVANCY DISTRICT, a Colorado Title 37 Water <br /> Conservancy District, 623 Fourth Street, Alamosa, Colorado, 81101, acting by and through <br /> its Water Activity Enterprise ("BORROWER"OR"DISTRICT"),. <br /> FACTUAL RECITALS <br /> 1. Authority exists in the law, and funds have been budgeted, appropriated and otherwise <br /> made available and a sufficient unencumbered balance thereof remains available for <br /> encumbering and subsequent payment of this CONTRACT; and <br /> 2. Required approval, clearance, and coordination have been accomplished from and with <br /> appropriate agencies; and <br /> 3. On March 19, 2013, the CWCB approved a loan request, from the BORROWER for the <br /> Anaconda Ditch Water Right Acquisition Project ("PROJECT"), to purchase water rights <br /> for the District's Augmentation Program. The total cost of the PROJECT is $923,000 at <br /> an interest rate of 2.5% for a term of 30 years; and <br /> 4. ThE PROJECT SUMMARY, attached as APPENDIX 1 and incorporated herein, contains <br /> BORROWER Information (Section 1), the PROJECT Description (Section 2), CWCB's <br /> authority for making this loan (Section 3), and CWCB Approval and Legislative <br /> Authorization which identifies the amount of the loan and the terms of repayment <br /> (Section 4); and <br /> 5. The CWCB now desires, by this CONTRACT, to loan money to the BORROWER for this <br /> PROJECT upon mutually agreeable terms and conditions. <br /> THEREFORE, in consideration of the mutual and dependent covenants contained <br /> herein, the parties agree as follows: <br /> A. LOAN PROVISIONS <br /> 1. Loan Service Fee. The amount of the loan (LOAN AMOUNT) shall include (1) the <br /> amount of the funds loaned by the CWCB to the BORROWER for the PROJECT and (2) <br /> a service fee of one percent (1%) of the PROJECT amount. In the event that the <br /> Loan Contract C150348 <br /> Page 1 of 12 <br />